§ 8.01-54.Judgment to distribute recovery when verdict fails to do so.
Chapter 3. Actions · Article 5. Death by Wrongful Act · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-54
Plain-English Summary
Section 8.01-54 works alongside § 8.01-53 to make sure a wrongful death recovery reaches the right beneficiaries in the right shares. Subsection A says the verdict may, and the judgment must, specify the amount or proportion each beneficiary receives, but a verdict is not set aside merely because it fails to make that specification.
Subsection B lets either party request that the case go to the jury with instructions to specify how the award should be distributed. If the jury cannot agree, or does not make the distribution, the court steps in, specifies the distribution itself, and enters judgment accordingly; for that purpose, the court may hear additional evidence beyond what the jury heard.
Subsection C sets the order of payment once money is recovered. The amount goes first to the personal representative, who pays the costs and reasonable attorney’s fees, then distributes the portions specifically allocated to hospital, medical, and funeral expenses. Whatever remains is then distributed among the beneficiaries identified under § 8.01-53, according to the shares fixed under subsections A and B — and that distribution reaches the beneficiaries free of the decedent’s own debts and liabilities. If no beneficiaries exist, the recovered amount becomes an asset of the estate, handled by the personal representative according to the ordinary rules of estate administration.
Frequently Asked Questions
Does a wrongful death verdict have to specify each beneficiary’s share?
The judgment must specify the amount or proportion for each beneficiary, though a verdict itself is not set aside just because the jury failed to make that specification — the court can fill in the distribution.
What happens if the jury cannot agree on how to divide the award?
Under subsection B, if either party requested distribution instructions and the jury cannot agree or fails to specify the distribution, the court decides the distribution itself and may hear additional evidence for that purpose before entering judgment.
What gets paid first out of a wrongful death recovery?
The personal representative first pays the costs of the action and reasonable attorney’s fees, then distributes the portions specifically allocated to hospital, medical, and funeral expenses, before dividing the remainder among the beneficiaries.
Are wrongful death proceeds reachable by the decedent’s creditors?
No. Subsection C specifies that distributions to the beneficiaries identified under § 8.01-53 are free from all debts and liabilities of the decedent.
What happens to a wrongful death recovery if there are no eligible beneficiaries?
The amount recovered becomes an asset in the hands of the personal representative, to be disposed of according to the ordinary rules governing estate assets.
Amendment History
Code 1950, § 8-638; 1954, c. 333; 1973, c. 401; 1977, c. 617.